Back to Normal: Ho Hum, Business as Usual

`Ano`ai kakou…  Nothing frustrates me more than issues falling through the cracks due to inaction by the Board.  While we are moving ahead with OHA’s Financial Audit and Management Review thanks to the leadership of Trustee Keliʻi Akina, other important issues have fallen off OHA’s radar.  For example:

  • REDUCING OHA’S SPENDING POLICY LIMIT: Reducing our spending policy limit to 4-½ percent of the Trust Fund would be a wise move in the current economy. It appears clear that the stock market will not be a place for OHA to look for great returns on our investment over the next few years.  The predictors are very gloomy; all the more reason to be cautious and prudent with spending.
  • ELIMINATING THE FISCAL RESERVE FUND: Two years ago, one of OHA’s money managers recommended that we get rid of the Fiscal Reserve slush fund. Trustees seemed supportive, but nothing has happened since.
  • PROTECTING KULEANA LANDS: OHA and the Native Hawaiian Legal Corporation need to form a partner as soon as possible to stop outsiders, or anyone, who try to “quiet title” Hawaiian lands. This problem is not going away.
  • PROTECTING MAUNA KEA: I believe that transferring responsibility over Mauna Kea lands to OHA would produce the best “win-win” situation for the State, the University of Hawaii and all of OHA’s Native Hawaiian beneficiaries. What better solution could there be than to put Hawaiian lands in Hawaiian hands?
  • SUNSHINE LAW: After two years of fruitless negotiations, the majority of Trustees want to go to trial rather than settle my legal complaint that the Board was not following Sunshine Law during closed-door executive sessions.
  • NATIVE HAWAIIAN CONSTITUTION: On February 26, 2016, the majority of the Na‘i Aupuni ‘Aha participants voted to adopt The Constitution of the Native Hawaiian Nation. The next step was to ratify the Constitution by taking it out to our people, but nothings has happened since.  OHA needs to follow-up on its current status.
  • OHA NEEDS TO REVISIT ITS POLICIES AND RULES: Many of our most recent rules were created to punish and control Trustees.  We just need to follow the law.  We have also tied our own hands with rules that hamper our efforts to help our beneficiaries.  We need to find a more efficient way to run our essential programs such as community grants.

The current Board leadership appears more concerned with keeping power in their hands rather than attacking tough issues.  If they don’t change their ways, all OHA will have to show in the next two years is a big, fat zero, because we are right back to where we were before I look the Chairmanship – Nowhere!  No progress with the University of Hawaii and the Thirty Meter Telescope, Kakaʻako, and other important issues.

Aloha till the next time.

No more taking of Native Lands

`Ano`ai kakou…  One issue that has been near and dear to my heart over the past few years is passing a law that would exempt Kuleana lands from property taxes.  Hawaiian families, who have been caring for their Kuleana lands for generations, were facing sky-rocketing property taxes.  They could have ended up losing everything if something wasn’t done to offer them some sort of tax relief.

After four years of countless meetings with City officials and testifying before an endless parade of committees, Kuleana Lands finally became exempt from real property taxes on Oahu in 2007 and it is now known as Revised Ordinances of Honolulu Section 8-10.32 Exemption—Kuleana land.  All of the neighbor island counties established their own Kuleana property tax exemptions soon after Oahu.  If the exemptions didn’t pass when it did, more Kuleana lands would have fallen out of Hawaiian hands.

Now Kuleana lands are under threat from rich mainlanders who want to force Hawaiian families off their land, all for the sake of their privacy.

A brief history of Kuleana Lands:  In 1848, as a result of the Mahele, all land in the Kingdom of Hawai‘i was placed in one of three categories:  Crown Lands (for the occupant of the throne); Government Lands; and Konohiki Lands (Kuleana Act, 1850).  (www.kumupono.com)

After native Hawaiian commoners were granted the opportunity to acquire their own parcels of land through the Mahele, foreigners were also granted the right to own land in 1850, provided they had sworn an oath of loyalty to the Hawaiian Monarch.  In order to receive their awards from the Land Commission, the hoa‘aina (native tenants) were required to prove that they cultivated the land for a living.  They were not permitted to acquire “wastelands” (e.g. fishponds) or lands which they cultivated “with the seeming intention of enlarging their lots.”  Once a claim was confirmed, a survey was required before the Land Commission was authorized to issue any award.

The lands awarded to the hoa‘aina became known as “Kuleana Lands.” All of the claims and awards (the Land Commission Awards or L.C.A.) were numbered, and the L.C.A. numbers remain in use today to identify the original owners of lands in Hawai‘i.  By the time of its closure on March 31, 1855, the Land Commission issued only 8,421 kuleana claims, equaling only 28,658 acres of land to the native tenants (cf. Indices of Awards 1929).

According to the Overview of Hawaiian History by Diane Lee Rhodes, many of the kuleana lands were later lost.  The list of reasons include:  (1) Native tenants mostly received lands that lacked firewood or were too rocky and unsuitable for farming.  (2) A number of kuleana were sold by dishonest land agents before the farmers could get a survey.  (3) The land commissioners delayed getting notices to landholders.  (4) Prices were out of reach for commoners.  (5) Finally, foreigners evicted legitimate kuleana owners without due process.

We must put an end to the injustices done to the caretakers of Kuleana lands for the past 150-years once and for all.  If something is not done soon, the very last Kuleana lands that have survived will finally fall out of Hawaiian hands.  Protecting what’s left of Kuleana Lands will help preserve Hawai’i’s rich history and culture.

OHA and the Native Hawaiian Legal Corporation will partner to stop outsiders, or anyone, who try to “quiet title” Hawaiian lands.

Are you satisfied with the status quo?

`Ano`ai kakou…  After serving on legendary boards that worked hard to build OHA and strengthen its ability to serve our beneficiaries, it frustrates me that we’ve become so stagnated in the last few years.  If you don’t agree that OHA is standing still, ask yourself this – When’s the last time you’ve seen OHA in the news?

In the past, OHA accomplished big things with less staff and less money.  OHA was frequently in the news doing important things that mattered like establishing a state-wide property tax exemption for Native Hawaiians living on Kuleana lands (an effort which I spearheaded); providing $4.4 million in grants to Hawaiian Focused Public Charter Schools; preserving 25,000 acres of Native Hawaiian rainforest known as Wao Kele o Puna on Hawaii Island; and saving the 1,875-acre Waimea Valley.

We also haven’t been getting anywhere at the state legislature.  This was one of the first years I can think of that none of the bills in the OHA legislative package passed.  This should be a cause for concern that OHA’s clout at the legislature is waning.

OHA is the only advocate at the legislature for all Native Hawaiian issues, such as water rights, gathering rights, or land rights.  Few organizations have the resources, staff and expertise to speak to legislators on our beneficiaries’ behalf.  If OHA doesn’t do something fast to reverse its shrinking clout at the legislature, caused in no small part by inconsistent decisions and our Administration making decisions for Trustees, we will be in danger of becoming inconsequential, insignificant and insolvent.

There is so much we can do to help our beneficiaries who are suffering under the lack of affordable housing, the high cost of living, lack of fresh local produce, and the continuing degradation of our fragile environment.  We just seem to lack the will to do anything.  I miss the passion and drive that previous Trustees had in years past.  Sure we got into a few scraps with each other, but we got things done and our hearts were always in the right place.  Everything we did was for the benefit of our people.

The Board of Trustees needs new energy

We must not be content with just sitting back and letting the Administration plod along without any direction.  We need to get the fire back in our bellies and go back to doing big things.  If we don’t, we will no longer be relevant to our beneficiaries and the state might decide to get rid of us by transferring all of our assets to the general fund.

So this election, seek change and elect new blood!  Don’t be satisfied with the status quo.  Elect New People!  Electing the same Trustees will not bring any meaningful change to OHA!  Aloha Ke Akua.

Legislative Update (May 2013)

`Ano`ai kakou…  The legislature is about ready to wrap things up.  Here are some important legislation affecting Native Hawaiians that are still alive:

KULEANA LANDS

OHA submitted House and Senate concurrent resolutions to recognize kuleana lands as historical lands and urge the counties to support efforts to promote continued ancestral ownership of kuleana lands.

The House version (HCR5) passed out of its first committee hearing and is waiting to be heard in the House Finance committee.  The Senate version (SCR1) has not been scheduled for a hearing yet.  Both need to be heard before an April 12th deadline.  Last year, Senator Malama Solomon introduced this resolution as a personal favor to me.  This year, her Senate committee has killed the resolution by declining to schedule a hearing for it.  One has to wonder why someone who supported the resolution last year would now refuse to hear it.

OHA BUDGET

On March 8th, the Senate Committee on Ways and Means asked OHA to comment on the cuts to our budget bill (HB 222) by the House Finance Committee.  We let them know that we understand today’s economic situation doesn’t make it easy to decide how to the fund every State agencies.  Therefore, we didn’t oppose the proposed decreases at this time but we did urge the committee to restore OHA’s original request.

Some of the more serious decreases include cutting $268,860 over two years for educational enrichment programs.  This will probably mean that 269 less Native Hawaiian students will be receiving educational services.  Health improvement programs were cut $1,100,000, which may mean 960 less Native Hawaiians receiving Health obesity services and 1,030 less pregnant Native Hawaiian women receiving prenatal services.

HB 222 passed the Senate Ways and Means committee with amendments on April 1st, and all of the funds that were cut were restored.  The House now has to decide if they agree or disagree with the Senate amendments.

OHA PRIMARY

SB 3 proposes to establish a nonpartisan primary and general elections for OHA Trustees beginning with the 2014 elections.  On March 27th, OHA Trustees took a position opposing this measure.  On March 28th, the House Judiciary Committee passed the bill with technical amendments.  The Senate now has to decide if they agree or disagree with the House amendments.

NATIVE HAWAIIAN ROLL COMMISSION

HB 252 would require the Native Hawaiian Roll Commission, in cooperation with OHA, to submit annual reports to the Governor and the Legislature on the status of the preparation of a roll, expenditures, and any other concerns or recommendations.  It amends the definition of “qualified Native Hawaiian” to include individuals who meet the ancestry requirements of Kamehameha Schools and OHA.  It also repeals the directive in Act 195 to amend the Hawaiian Homes Commission Act.  Senate Committee Chairs Clayton Hee and Brickwood Galuteria amended the bill by:

(1) Deleting the requirement that the Native Hawaiian Roll remain confidential;

(2) Clarifying that all individuals already registered with the State as verified Hawaiians or Native Hawaiians through OHA are included in the Native Hawaiian Roll and extending to those individuals all rights and recognitions conferred upon other members of the roll;

(3) Inserting language to promote renewable energy in Hawaii; and

(4) Inserting an effective date of July 1, 2013;

Aloha Ke Akua.

Aloha, Senators Inouye and Akaka

`Ano`ai kakou…  My family and I were deeply saddened to learn of the passing of Senator Daniel K. Inouye.  There are no adequate words to express this loss.  Our hearts and thoughts are with Sen. Inouye’s family, his countless friends, and his dedicated staff members during this difficult time.  We will always be grateful and remember Senator Inouye for his 50 years of public service as a U.S. Senator.

I am also so very grateful for Senator Daniel Akaka’s 36-years of service in Congress.  Senator Akaka’s many years of service and dedication to all the people of Hawaii is an ideal example that all future leaders should strive toward.  Mahalo nui loa for all of your hard work over the past 12-years to establish a solid foundation for all Native Hawaiians to utilize as we finally restore our native sovereignty.

Legislative Leadership Changes

Congratulations to new House Speaker Joe Souki.  A change in the Speakership is long overdue and a welcome turn of events.  I wish him and his new leadership team well in this legislative session.

The sudden passing of Senator Inouye brought about many changes in local politics, especially in the leadership of the State Senate.  Senate Vice-President Donna Mercado Kim will replace former Senate President Shan Tsutsui, who became Lt. Governor.  Newly appointed Senator Gilbert Keith-Agaran has filled the void left by Lt. Governor Tsutsui.

Kewalo Basin

A great concern for OHA this year are the proposed “finger piers” that will front our property at Kewalo Basin.  After OHA signed the agreement with the State to receive the Kakaako Makai lands at Kewalo, the Hawaii Community Development Authority (HCDA) informed OHA about the finger piers that had been promised to an earlier developer who had already spent a great deal of cash on the development of the harbor.

This poses a huge problem for OHA.  Placing piers in front of our Fisherman’s Wharf property and the adjacent waterways will seriously reduces the value of our land and takes away our rights to develop our own piers.  I will keep you posted on this issue.

Kuleana Lands

Recognizing Kuleana Lands as historical lands is one of my priorities for the 2013 legislative session.  Last year, the Senate passed out a resolution protecting Kuleana Lands, but the former House Speaker killed the House version.  Not sure why.

Public Land Development Corporation

The Public Land Development Corporation (PLDC) is a state entity created by the Legislature in 2011 to develop state lands and generate revenues for the Department of Land and Natural Resources. The PLDC became a highly controversial issue in the past legislative session, but the good news is that all parties now agree the PLDC needs to be repealed or it has to be significantly amended to incorporate the changes that the public has been demanding.  Aloha Ke Akua.

Wrapping-up a historic year for OHA

Congratulations to all of the public servants elected in 2012.  Campaigning can be a grueling process.  I look forward to working with all of you in the 2013 Legislative Session to better the conditions of Native Hawaiians.

New Maui Trustee and OHA CEO

OHA began the year by welcoming new Maui Trustee, Carmen “Hulu” Lindsey, who was appointed by Governor Neil Abercrombie.  Trustee Lindsey brought a much needed burst of new energy to the board with her knowledge, experience, and willingness to give her all for our beneficiaries.

OHA’s Administration underwent major changes with the appointment of Dr. Kamana’opono Crabbe as its new Ka Pouhana/CEO.  I have been impressed by his exemplary work over the past eight months and I look forward to the positive changes he will bring to OHA in the coming year.

Appointed BAE Vice-Chair & Served as a Legislative Liaison

I was honored to be appointed Vice-Chair of the Committee on Beneficiary Advocacy and Empowerment (BAE), one of only two subject-matter committees under the Board.  I worked closely with BAE Chair, Trustee John Waihe’e IV, on legislation and on-going programs.  I also continued to serve as one of two “Legislative Liaisons” appointed by Trustee Waihe’e for the 2012 legislative session.

Protecting Kuleana Land Property Tax Exemptions

On November 22, 2011, the Star-Advertiser reported that the Real Property Tax Advisory Commission recommended that the City & County of Honolulu eliminate property tax exemptions for about 150,000 Oahu homeowners, including Kuleana Land owners.

On January 23, 2012, I testified before, the City Council’s Budget Committee hearing on the Real Property Tax Advisory Commission’s Report.  I explained the heartbreaking history of Kuleana Lands and stressed to the Budget Committee Chair, Councilmember Ann Kobayashi, that OHA strongly opposed the proposal.  Thankfully, the matter was dropped (for now at least).  Upon Councilmember Kobayashi’s recommendation, I worked to get the State Legislature to pass a resolution supporting the protection and preservation of Kuleana Lands.

On April 10, 2012, the State Senate adopted Senate Resolution (SR) 33 which urged the counties to preserve property tax exemptions for Kuleana Lands.  I would like to offer my sincere thanks to Senator Malama Solomon who introduced SR 33, and Senators Brickwood Galuteria, Gilbert Kahele, Donovan Dela Cruz, and Michelle Kidani for signing onto the resolution.  I would like to give a big Mahalo to OHA staff members Breann Nu’uhiwa, Sterling Wong, Jim McMahon & Luci Meyer for all their efforts to get this resolution passed.

I would also like to send a special Mahalo to Representative Faye Hanohano for introducing the House versions of the resolutions, HCR 117 & HR 89.  However, Speaker Calvin Say killed both resolutions in the Finance Committee so we need to try again next year.

Settlement Bill Passes

On April 11, 2012, in an emotional ceremony at Washington Place, Governor Abercrombie signed the historic $200 million settlement between the State and OHA.  After many years of negotiations, OHA finally resolved all claims that were raised with the State relating to its portion of income from the public land trust from November 7, 1978 to June 30, 2012 on past due amounts owed.  The State has now fulfilled its constitutional obligations to Native Hawaiians by providing OHA with fee simple title to lands in Kakaako makai.  The proposal will not affect any other claims against the state.

Happy Thanksgiving

May each and every one of you have a safe and happy Thanksgiving full of wonderful food, family and friends.  Aloha Ke Akua.

2012 Legislative Wrap-up

`Ano`ai kakou…  Congratulations to all OHA Trustees and staff members for all of their dedication and hard work in getting the OHA/State Settlement agreement passed into law.  The 2012 legislative session will surely be remembered as one of OHA’s most successful.

Legislative Liaison

As Vice-Chair of the Committee on Beneficiary Advocacy and Empowerment (BAE) and one of two “Legislative Liaisons” for the 2012 legislative session, I had the distinct pleasure working closely with Senators Malama Solomon, Clayton Hee, and Brickwood Galuteria and Representative Faye Hanohano on issues relating to the Settlement and the preservation of Kuleana Lands.

Kaka’ako Makai

Senate Bill 682 proposed to add value to two parcels of land that are among the lands in Kaka’ako Makai that the OHA/State Settlement (Act 015) conveys to OHA.  The right to develop residential structures on these two lots would add significant value and provide much needed revenue for our Nation.

On April 5, 2012, the Honolulu Star-Advertiser reported that SB682 was likely dead in the House.  However, the Senate’s Ways and Means and Judiciary and Labor committees added similar language into a related bill that had already passed the House — HB2819 — so the language for SB682 could still be heard in conference committee.  HB2819 did not pass out of its conference committee before the end of session on May 3rd and will need to be revisited in the next legislative session.

Protecting Kuleana Land Property Tax Exemptions

On November 22, 2011, the Star-Advertiser reported that the Real Property Tax Advisory Commission recommended that the City & County of Honolulu eliminate property tax exemptions for about 150,000 Oahu homeowners, including Kuleana Land owners.

On January 23, 2012, I testified before, the City Council’s Budget Committee hearing on the Real Property Tax Advisory Commission’s Report.  I explained to the members of the committee the heartbreaking history of Kuleana Lands and stressed to the Budget Committee Chair, Councilmember Ann Kobayashi, that OHA strongly opposed the proposal.  Thankfully, the matter was dropped (for now at least).  However, upon Councilmember Kobayashi’s recommendation, I worked to get the State Legislature to pass a resolution supporting the protection and preservation of Kuleana Lands.

On April 10, 2012, the State Senate adopted Senate Resolution (SR) 33 which urged the counties to preserve property tax exemptions for Kuleana Lands.  I would like to offer my sincere thanks to Senator Malama Solomon who introduced SR 33, and Senators Brickwood Galuteria, Gilbert Kahele, Donovan Dela Cruz, and Michelle Kidani for signing onto the resolution.  I would like to give a big Mahalo to OHA staff members Breann Nu’uhiwa, Sterling Wong, Jim McMahon & Luci Meyer for all their efforts to get this resolution passed.

I would also like to send a special Mahalo to Representative Faye Hanohano for introducing House versions of the Kuleana Lands resolutions, House Concurrent Resolution 117 & House Resolution 89, and getting them approved by the House Hawaiian Affairs Committee.  However, both resolutions did not get a hearing in the House Finance Committee despite my repeated requests to its Chair, Rep. Marcus Oshiro.  Neither resolution called for any money to be appropriated so the question is why were they even referred to the House Finance Committee? Aloha Ke Akua.

Preserve Kuleana Land property tax exemptions

February 2012 KA WAI OLA COLUMN

`Ano`ai kakou… After four years of countless meetings with City officials and testifying before an endless parade of committees, Kuleana Lands finally became exempt from real property taxes on Oahu in 2007 and it is now known as Revised Ordinances of Honolulu Section 8-10.32 Exemption—Kuleana land.

Native Hawaiian families who had been caring for their Kuleana lands for generations are now protected from sky-rocketing property taxes because of luxury resorts and shopping malls being built around them. If the exemption didn’t pass when it did, more Kuleana lands would have fallen out of Hawaiian hands.

Since most of the Kuleana lands were carved up, taken away or abandoned, the impact on tax revenues was predicted to be extremely minimal so OHA argued that there should be no reason why the ordinance shouldn’t pass. This has in fact been proven to be the case.

According to the Star-Advertiser (Nov. 14, 2011) there were 37 Kuleana Land parcels on Oahu receiving a property tax exemption for Fiscal Year 2011-2012, which cost the city $91,000 in taxes. Given its tragic history, I believe this is a very small price for the City to pay in order to preserve the last of Oahu’s Kuleana Lands.

Establishing the property tax exemption for Kuleana Lands on all islands has been the most important accomplishments for us in 10-years. We must do everything that we can to protect against taking away this right that should have been grandfathered into the law in 1898 and again in 1959.

The City & County of Honolulu also sent a strong message to the Native Hawaiian community that it was knowledgeable of Hawaiian history and was sympathetic and supportive of Hawaiian causes. The City helped to put an end to the injustices done to the caretakers of Oahu Kuleana lands over the past 150-years.

This truly momentous piece of legislation eventually paved the way for the three neighbor island counties to establish similar property tax exemptions for their Kuleana Lands. It was a relief to finally know that the very last of the Kuleana Lands that were able to survive would be protected and kept in Hawaiian hands. Or so I thought…

On November 22, 2011, the Star-Advertiser reported that the Real Property Tax Advisory Commission (created by the City Council and headed by Lowell Kalapa – the only person to testify against the property tax exemptions for Kuleana Lands) is recommending that the City & County of Honolulu eliminate property tax exemptions for about 150,000 Oahu homeowners, including the blind, elderly and disabled. It is also proposing that the exemptions for charitable organizations, credit unions, schools, churches and other groups be abolished or significantly reduced. Their goal is to provide tax relief that is more connected to a landowner’s ability to pay rather than giving exemptions based on a particular category.

The biggest danger is that only three of the current City Councilmembers were in office in 2007 (Ann Kobayashi, Nestor Garcia, and Romy Cachola). Most of the City Council is unaware of the history of Kuleana Lands and will have to be briefed all over again. By the time this article is published, I will have testified before the City Council on behalf of Kuleana Land owners. It should be noted that while the State negotiates with OHA for unpaid ceded revenues, the City, which is in possession of ceded lands as well, has NOT paid a dime to Hawaiians for the lands that they have in their inventory.

Thankfully, the Star-Advertiser (November 14, 2011) also reported that since five of the nine Council seats are up for election this year, there is only a slim chance that the Real Property Tax Advisory Commission’s controversial proposals will pass.

Let us make absolutely sure that this is the case.  Please contact your City Councilmember and let them know that property tax exemptions for Kuleana Lands must be preserved.

City Council Votes to Exempt Kuleana Lands from Property Taxes

By: TRUSTEE ROWENA AKANA

Source: May 2007 Ka Wai Ola o OHA Column

`Ano`ai kakou…  After four years of countless meetings with elected officials and testifying before an endless parade of committees, Kuleana Lands are finally about to become exempt from real property taxes on the island of Oahu.

On April 11, 2007, the Honolulu City Council unanimously passed a bill that would establish a real property tax exemption for Kuleana Lands.  It now has 10 days (at the writing of this article) for the Mayor to sign it into law.  Since the Mayor’s administration testified that they support the bill, it is all but certain this will happen.

First of all, I would like to thank each and every member of the Council for their support of the Kuleana Land owners.  Their unanimous vote sends a strong message to the state that they are both understanding and sympathetic of Native Hawaiian issues.

I am deeply indebted to Councilman Donovan Dela Cruz.  He immediately saw that passing an exemption was the right thing to do after listening to the sad history of Kuleana Lands and the current crisis of the lineal landholders.  He quickly introduced the bill and remained a strong advocate for its passage.

I am also extremely thankful to Budget Committee Chair, Councilman Todd Apo, for his steadfast and strong leadership in helping to get the bill over many of the stumbling blocks that plagued it last year and prevented it from passing.  Councilman Apo used his knowledge of the issue to shepherd the bill all the way through to its final passage.

This is truly a momentous piece of legislation for Native Hawaiians.  I encourage all owners of Kuleana Lands who are lineal descendants of original title holders to apply for the exemption as soon as the City and County announces the application procedures, hopefully in the next few months.

Kuleana Land owners should use this time to make sure the names on their property title are current and completely up-to-date.  If the City’s property assessment department can’t find your name as the title holder, you will be forced to get a court order to prove your ownership.  Avoid any delays and extra expenses by clearing up any confusion on your property title now.

I now plan to approach each of the three remaining counties to pass similar legislation for Kuleana Land owners on the neighbor islands.  Within a year, I will finally have the hard data I need on the potential impact of the exemption by using Oahu as an example.  This will help make passing similar bills in Hawaii, Maui, and Kauai counties much easier.

I believe that we have finally helped to put an end to the injustices done to the caretakers of Kuleana lands over the past 150-years, at least on Oahu.  Now, the very last of the Kuleana Lands that have survived can be protected and kept in Hawaiian hands.  Protecting what’s left of Kuleana Lands will only help to preserve Hawai’i’s rich history and culture.

Kudos to the Honolulu City Council for making this a reality.  I look forward to future opportunities to partner with them as I continue to work for the betterment of our Hawaiian Community.  Mahalo nui loa.

Kuleana lands must be saved

By: TRUSTEE ROWENA AKANA

Source: March 2007 Ka Wai Ola o OHA Column

`Ano`ai kakou…  One issue that has been near and dear to my heart over the past few years is passing a law that would exempt Kuleana lands from property taxes.  Hawaiian families, who have been caring for their Kuleana lands for generations, are now facing sky-rocketing property taxes.  They could end up losing everything if something isn’t done soon to offer them some sort of tax relief.

A brief history of Kuleana Lands:  In 1848, as a result of the Mahele, all land in the Kingdom of Hawai‘i was placed in one of three categories:  Crown Lands (for the occupant of the throne); Government Lands; and Konohiki Lands (Kuleana Act, 1850).  (www.kumupono.com)

After native Hawaiian commoners were granted the opportunity to acquire their own parcels of land through the Mahele, foreigners were also granted the right to own land in 1850, provided they had sworn an oath of loyalty to the Hawaiian Monarch.  In order to receive their awards from the Land Commission, the hoa‘aina (native tenants) were required to prove that they cultivated the land for a living.  They were not permitted to acquire “wastelands” (e.g. fishponds) or lands which they cultivated “with the seeming intention of enlarging their lots.”  Once a claim was confirmed, a survey was required before the Land Commission was authorized to issue any award.

The lands awarded to the hoa‘aina became known as “Kuleana Lands.” All of the claims and awards (the Land Commission Awards or L.C.A.) were numbered, and the L.C.A. numbers remain in use today to identify the original owners of lands in Hawai‘i.  By the time of its closure on March 31, 1855, the Land Commission issued only 8,421 kuleana claims, equaling only 28,658 acres of land to the native tenants (cf. Indices of Awards 1929).

According to the Overview of Hawaiian History by Diane Lee Rhodes, many of the kuleana lands were later lost.  The list of reasons include:  (1) Native tenants mostly received lands that lacked firewood or were too rocky and unsuitable for farming.  (2) A number of kuleana were sold by dishonest land agents before the farmers could get a survey.  (3) The land commissioners delayed getting notices to landholders.  (4) Prices were out of reach for commoners.  (5) Finally, foreigners evicted legitimate kuleana owners without due process.

Since most of the Kuleana lands were carved up and taken away or abandoned, the impact on tax revenues would be extremely minimal so there should be no reason why this legislation shouldn’t pass.

This year, the bill got a hearing on the Senate side, thanks to the Water, Land, Agriculture and Hawaiian Affairs (WAH) committee chairman, Senator Russell S. Kokubun.  Unfortunately, the bill was deferred due to concerns that the bill might be unconstitutional.

I am currently working to get a city ordinance passed at the Honolulu City Council.  The bill is being spearheaded by Councilmember Todd Apo.  The first hearing for the bill will be February 28th.

If you or someone you know is living on Kuleana lands and are descendent of the original owners, I implore you to consider testifying.  We must put an end to the injustices done to the caretakers of Kuleana lands for the past 150-years once and for all.  If something is not done soon, the very last Kuleana lands that have survived will finally fall out of Hawaiian hands.  Protecting what’s left of Kuleana Lands will help preserve Hawai’i’s rich history and culture.  If you would like a copy of the bill e-mailed or sent to you, please contact my office.